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SUPPLEMENTAL COMPLAINT TO CFPB ID FOR COMPLAINT SENT TO XXXX XXXX XXXX XXXXXXXX XXXX AND XXXX XXXX XXXX XXXX XXXX, XXXX XXXX, AND XXXX XXXX XXXX, XXXX XXXX XX/XX/XXXX Criminal Complaint : Extortion of Money Not Owed, Embezzlement of Mortgage Funds, Obstruction of the Bankruptcy Process, Obstruction of the Judicial Process, Fraud, and Theft Perpetrated by XXXX XXXX XXXX XXXX XXXX XXXX ) ( XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX ) XXXX XXXX XXXX XXXX XXXX ( XXXX ), and XXXX XXXX XXXX of the law firm of Samuel I . White, P.C. ( Samuel I. White XXXX ), and XXXX Involving : Variable HELOC Mortgage XXXX No. XXXX XXXXXXXX re-labeled XXXX XXXX. XXXX and Our XXXX XXXX Residence : XXXX XXXX XXXX, XXXX, MD XXXX This supplemental complaint provides facts and evidence pertaining to Extortion of Money Not Owed, Embezzlement of Mortgage Funds, Obstruction of the Bankruptcy Process, Obstruction of the Judicial Process, Fraud, and Theft perpetrated by XXXX, XXXX XXXX XXXX XXXX, and Samuel I. White XXXX, among other federal crimes involving our Variable HELOC Mortgage Loan, XXXX Last Four Digits of Acct. # : XXXX XXXX re-labeled XXXX Last Four Digits of Acct # : XXXX XXXX, secured by a security interest in the our principal residence located at XXXX XXXX XXXX XXXX XXXX XXXX MD XXXX. Our Variable HELOC Mortgage Loan, XXXX Last Four Digits of Acct. # : XXXX XXXX re-labeled XXXX Last Four Digits of Acct # : XXXX XXXX, is also the subject of Claim 3-1 filed in our XXXX XXXX Case No. XXXX ( XXXX XXXX ) and an instrument of bankruptcy fraud perpetrated in defiance of bankruptcy law.
Pre and Post XXXX XXXX filing, we have remained current and timely with all contractual installment payments submitted by us directly to XXXX as provided for in our case plan.
I. EXTORTION OF MONEY NOT OWED BY XXXX, XXXX, AND SAMUEL I. WHITE XXXX As of XX/XX/XXXX, regarding our XXXX Variable HELOC No. xxxx XXXX, Opened on XX/XX/XXXX, XXXX declares you have 0 % left to pay on this real estate loan. Exhibit A : XXXX Credit Report for XXXX HELOC No. XXXX XXXX and Exhibit B : XXXX Credit Report for XXXX HELOC No. XXXX XXXXXXXX.
For our XXXX Variable HELOC No. XXXX XXXX, both the XXXX and XXXX Credit Reports agree : 1. Reported Balance : {$0.00} 2. This Account was closed XX/XX/XXXX 3. Nice! You've paid off 100 % of this loan In fact, according to XXXX as of XX/XX/XXXX, You've paid off 100 % of this loan and therefore XXXX Variable HELOC No. XXXX XXXX is PAID IN FULL.
Nevertheless, in contradiction of facts reported by XXXX to XXXX and XXXX declaring as of XX/XX/XXXX You've paid off 100 % of this loan, the following transfers to collect a paid in full loan were made referencing claim XXXX filed XX/XX/XXXX in XXXX XXXX Case XXXX with XXXX as servicing agent for XXXX now claiming the amount of {$100000.00} as owed : XXXX. On XX/XX/XXXX, XXXX, Transferor to XXXX as servicing agent for XXXX XXXX XXXX XXXX XXXX. On XX/XX/XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX Transferor to XXXX XXXX XXXX XXXX, Transferee On XX/XX/XXXX, Bank of XXXX XXXX reported a XXXX XXXX {$0.00} for our Variable HELOC No. XXXX XXXX, Opened on XX/XX/XXXX, declaring You've paid off 100 % of this loan and on XX/XX/XXXX, XXXX XXXX XXXX, NA transfers the servicing of the same XXXX balance and paid in full loan, opened on XX/XX/XXXX, for servicing to XXXX XXXX XXXX XXXX, as servicing agent for XXXX XXXX XXXX XXXX, which XXXX renames Variable HELOC No. XXXX. Furthermore, so as to avoid the issue of the XX/XX/XXXX XXXX Balance signifying we paid off 100 % of this loan, XXXX simply never provides a bank statement and never reports any notice of payment change because XXXX knows our HELOC No. xxxx XXXX, opened on XX/XX/XXXX, re-labeled by XXXX as Variable HELOC XXXX. XXXX was paid in full on XX/XX/XXXX and XXXX is committing fraud by collecting monthly payments for money not owed.
Moreover, to demonstrate even more greed and a higher capacity for fraud, on XX/XX/XXXX, XXXX claims {$100000.00} is owed the same amount owed when XXXX initially filed claim 3-1 filed in XXXX verifying the embezzlement of two years worth of mortgage funds and missing two years of confirmed timely payments paid directly to XXXX.
XXXX. XXXX CAN NOT VALIDATE ANY DEBT WITH FRAUD XXXX can not validate any debt with fraud. XXXX, XXXX alleged predecessor, after filing claim 3-1 on XX/XX/XXXX claiming {$100000.00}, filed Monthly Notice of Mortgage Payment Changes and Certificates of Service as required by Bankruptcy Rule 3002.1 for our variable HELOC Mortgage. XXXX filings were made on the following dates : XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX Irrefutably, XXXX, on XX/XX/XXXX, declared You've paid off 100 % of this loan. XXXX reported a XXXX ( {$0.00} ) Balance due for our XXXX Variable HELOC No. xxxx XXXX that was Opened on XX/XX/XXXX.
Since XX/XX/XXXX, XXXX has been collecting our payments made by wire transfers for our 100 % paid off loan while simultaneously unable to validate any amount owed.
Over a year after XXXX XX/XX/XXXX declaration You've paid off 100 % of this loan leaving a XXXX ( {$0.00} ) Balance owed, XXXX claims : On XX/XX/XXXX amount = XXXX On XX/XX/XXXX amount = {$100000.00} On XX/XX/XXXX amount = {$0.00} On XX/XX/XXXX amount = 100 % of?
XXXX Refusal to file Mandatory Notice of Payment changes ( Bankruptcy Rule XXXX ) and refusal to provide monthly Statements further evidence XXXX inability to comply with legal requirements because of XXXX declaration that nothing is owed and you have 0 % left to pay on this real estate loan. Thus, XXXX continues to steal monthly wire transfers without posting our payments to deliberately avoid creating a record of their crime.
On numerous occasions, XXXX ignored our requests to comply with the law by misrepresenting the law and falsifying XXXX mandatory requirements to comply : On XX/XX/XXXX : ( Response to CFPB Complaint ) Due to the active bankruptcy status of this account access to the account online at our website is not available at this time. Upon successful completion and discharge of your XXXX XXXX bankruptcy access to the account online at our website may be granted.
On XX/XX/XXXX : ( Response to CFPB Complaint ) To be clear, while this account is in an active XXXX XXXX Bankruptcy, monthly billing statements and access to the account online at our website are not available, and will not be available until the account is discharged from XXXX XXXX Bankruptcy. While we have received your request for periodic monthly statements for this account, we are unable to provide such until the account is discharged from XXXX XXXX Bankruptcy.
On XX/XX/XXXX : while the account is in an active XXXX XXXX Bankruptcy, monthly billing statements and access to the account online at our website is unavailable.
On XX/XX/XXXX : Because your loan is a HELOC account in active XXXX XXXX bankruptcy, monthly billing statements and access to the account online at our website are not available, and will not be available until the account is discharged from XXXX XXXX Bankruptcy. While we have received your request for periodic monthly statements for this account, we are unable to provide such until the account is discharged from XXXX XXXX Bankruptcy. We regret any inconvenience this may cause.
Because of XXXX XX/XX/XXXX declaration You've paid off 100 % of this loan leaving a XXXX ( {$0.00} ) Balance owed, XXXX is unable to answer our requests for information and therefore XXXX evades responding by answering : On XX/XX/XXXX : Additional time to respond is required Your correspondence is currently under review. Additional research is required... We realize the urgency of your inquiry and we appreciate your patience. We will have a response issued to you within the next fifteen ( 15 ) business days.
On XX/XX/XXXX : Additional time to respond is required Your case is currently under review. We realize the urgency of your inquiry and we appreciate your patience. We will have a response issued to you within applicable state and/or federal timeframes.
On XX/XX/XXXX : Additional time to respond is required Your correspondence is currently under review. Additional research is required We realize the urgency of your inquiry and we appreciate your patience. We will have a response issued to you within the next fifteen ( 15 ) business days.
Predictably, XXXX never responded.
XXXX is attempting to fraudulently induce our default by interfering with our unvalidated mortgage payments thus threatening our homestead. It is commonly known that XXXX maliciously manufactures fraudulent defaults using malevolent tactics such as those presently imposed on us ; by refusing to acknowledge our confirmed payment for XX/XX/XXXX and refusing to accept our XX/XX/XXXX payment causing XXXX to be terminated as a payee from the bill pay account.
XX/XX/XXXX : confirmed payment made for XX/XX/XXXX ( Exhibit C ) XX/XX/XXXX : confirmed payment made for XX/XX/XXXX ( Exhibit D ) XX/XX/XXXX : XXXX refuses to accept confirmed payment, returns funds, and closes the bill pay account ( Exhibit E ) XX/XX/XXXX : Further inquiry into XX/XX/XXXX transaction Scheduled Payment ( Exhibit F ) Proof of Payment Transmission ( Exhibit G ) Regardless of XXXX reasons because 18 USC 156 prohibits the knowing disregard for bankruptcy law or rule, XXXX failures to comply with bankruptcy law are simply additional criminal acts. XXXX inability to validate any debt owed arises from XXXX theft. Prior to XXXX alleged acquisition, XXXX, XXXX alleged predecessor, irrefutably declared on XX/XX/XXXX You've paid off 100 % of this loan and the balance is XXXX. ( Exs. A and B ) XXXX. XXXX, XXXX, XXXX XXXX. XXXX XXXX, AND XXXX COLLUDE TO COMMIT CRIMES XXXX, XXXX Samuel I. White XXXX, and XXXX collude to commit crimes. On XX/XX/XXXX, our XXXX XXXX Trustee, XXXX XXXX XXXX, XXXX ( XXXX XXXX Trustee ), contacted XXXX XXXX XXXX of Samuel I. White, P.C. stating : I am currently the XXXX XXXX Trustee in this pending XXXX XXXX case, XXXX XXXX. XXXX. Claim number 3 was filed on XXXX. To date it has not been amended.
On this case, the XXXX have notified XXXX XXXX XXXX, XXXX asking to be sent monthly statements. To date, they have not received them. That is presenting a problem. Also, XXXX XXXX has identified certain issues with her account- for example the variable interest rate. She has asked how this variable interest is calculated. She has not received any meaningful responses. Following the CFPB rules- they have made a request to receive statements. There does not appear to be any valid reason to not comply with their request and I am not familiar with any exemption.
CFPB Rule effective as of XXXX, XXXX -provided amendments to RESPA and the TILA mortgage servicing rules. According to the final Rule, servicers must send monthly statements to borrows in bankruptcy. The Bells ' are currently in an active XXXX XXXX bankruptcy case and they are not surrendering the real estate property or have any pre-petition arrearages. They are current on all post-petition mortgage payments.
I am not aware of any other servicer not providing statements to individuals in XXXX XXXX cases.
On XX/XX/XXXX, Samuel I. White XXXX responded to our XXXX XXXX Trustee I will review with my client to address the concerns.
On XX/XX/XXXX, Samuel I. White XXXX responded to our XXXX XXXX Trustee : The debtor was advised to review her Note for how the interest is calculated.
On XX/XX/XXXX, our XXXX XXXX Trustee responded : How are they supposed to know the amount every month? Calling every month and waiting on hold seems un-necessary if statements can be provided or electronic access. Given the pandemic, the Cares Act and other regulations it seems like some solution should be provided to consumers, especially ones who have remained current and have a strong payment history.
On XX/XX/XXXX, Samuel I. White XXXX responded : I will review with them and circle back.
Predictably, Samuel I. White XXXX NEVER responded.
Samuel I. White XXXX, Counsel for XXXX, unlawfully speaks for XXXX, an independent corporate entity, despite having filed a Notice of Appearance on XX/XX/XXXX in our XXXX XXXX case as Counsel for XXXX. Exhibit H : Notice of Appearance Samuel I. White XXXX obstructs the judicial process speaking for corporate entities that he does not represent and obstructs the judicial process by speaking in cases when he no longer has any interest or rights. Specifically, a XX/XX/XXXX transfer to another entity terminated XXXX rights in our XXXX XXXX Case. Exhibit I : Transfer Terminating XXXX rights Once XXXX rights were terminated on XX/XX/XXXX, Samuel I. White XXXX, XXXX counsel, no longer had any grounds for involvement in our XXXX XXXX case nonetheless, a report filed XX/XX/XXXX indicates Samuel I. White XXXX was present at a hearing in our XXXX XXXX case obstructs the judicial process with XXXX objection when XXXX no longer had any interest in our XXXX XXXX after XX/XX/XXXX.
Accordingly, Samuel I. White XXXX whose contact information is listed below should be referred to the US Attorney for the District of Maryland for prosecution.
XXXX XXXX XXXX, XXXX, XXXX XXXX. XXXX Samuel I. White, P.C.
XXXX XXXX XXXX.
XXXX XXXX XXXX, MD XXXX Tel : ( XXXX ) XXXX Fax : ( XXXX ) XXXX XXXX Simultaneously, XXXX fraudulently manipulates data entered into XXXX credit reports to extort monthly wire transfers for money not owed.
On XX/XX/XXXX, for our variable HELOC opened XX/XX/XXXX, XXXX using XXXX reports You have 100 % left to pay on this real estate loan. ( Exhibit J ) When in fact, as of XX/XX/XXXX, for our variable HELOC opened XX/XX/XXXX, XXXX reports You've paid off 100 % of this loan and thus our XXXX Variable HELOC No. XXXX XXXX was PAID IN FULL. ( Exs. A and B ) Neither XXXX credit reports for XXXX, not on XX/XX/XXXX ( Exhibit K ) and not on XX/XX/XXXX ( Exhibit L ), contain a balance for our variable HELOC opened XX/XX/XXXX because according to XXXX our variable HELOC opened XX/XX/XXXX was paid in full ( Exs. A and B ) prior to XXXX alleged acquisition of a XXXX-balance loan thereby preventing XXXX ability to provide statements or notices of payment changes. For two years, XXXX has demanded and accepted our monthly wire transfers for what XXXX reported as a XXXX-balance loan in XXXX of XXXX ( Exs. A and B ).
Under federal law, Extortion of Money Not Owed, Embezzlement of Mortgage Funds, Obstruction of the Bankruptcy Process, Obstruction of the Judicial Process, Fraud, and Theft as Perpetrated by XXXX, as alleged successor to XXXX, XXXX, Samuel I. White XXXX, and XXXX must not be tolerated.
The Criminal and Civil violations involved must be delegated to the proper authorities for prosecution and enforcement respectively.
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